- Debt Problem
Do you have any of the following problems on the repayment of your debt?
- having a difficult time to repay debts due to delays in repayment
- trying to manage my debts to make a fresh start.
- dealing with my debt problems without being known to anyone.
- having a strong desire to repay my debts, but I have a tight deadline.
- wondering if there is a way to dispose of my debt without losing my own house.
- trying to get refund for over-payment on my consumer loans.
- making a claim for refund for overpaid interest.
Specific countermeasures vary depending on the situation. Generally, however, the following four methods are used.
Four ways to solve your debt problems
In order to solve the debt problem, it is necessary to properly understand the situation of the individual.
You can't properly control your debt unless you gather the right information about not only "how much you owe" but also "when you owe", "what you own", "your monthly income", and "your monthly expenses" - how much you are spending on what.
At Haruka Law Office, we have experienced attorneys who are well versed in debt issues, so we can objectively analyze your situation and propose the best solution for you.
Claim for refund of over-payment
If you borrow money from a claim for over-payment from Money Lender, you will pay the principal of the amount you borrowed and interest based on the amount.
The interest rate is ,set by the Interest Rate Restriction Act, at the statutory interest rate (15% to 20%).
However, in addition to the fact that there was no penalty in the past even if the statutory interest rate was exceeded, another law called the Capital Subscription Act provided that the maximum interest rate was 29.2%.
It was not uncommon for moneylenders to earn interest in excess of the statutory interest rate under the Interest Rate Restriction Act.
An over-payment of the upper limit of interest (gray-zone interest rate) is called an over-payment, and it is Claim for over-payment to claim a refund of the over-payment.
Voluntary liquidation is a procedure to repay only the amount originally borrowed over three to five years in installments by exempting the interest portion and interest burden arising from the borrowing.
Since the principal borrowed is not reduced, but the procedure is to cut the interest rate portion and reduce the total amount of payments, it is unlikely that a large effect can be expected in cases where borrowing was originally made at a low interest rate.
In other words, this procedure is effective in cases where a large amount of debt was borrowed at a high interest rate.
Characteristically, it is possible to adapt to selected financial institutions, such as leaving the car and housing loans intact.
Rehabilitation for individuals
Much like Voluntary liquidation, Rehabilitation for individuals also reduces the principal of the borrowed portion.
If a petition is filed with the court and it is considered to be impossible to continue paying debts as it is, the company can reduce its borrowing by one fifth to one tenth according to the total amount of borrowing.
In principle, the repayment will be made over a period of three years and at most five years, even if special circumstances are taken into account.
Although it is procedural to leave a home with a loan, it is not possible to leave a car with a loan.
Self-bankruptcy is a procedure in which the courts accept that your debts cannot be repaid.
In the event of an Self-bankruptcy, you can write off any debts you have made up to that point, except for taxes.
However, cash in excess of \990,000, household goods and home appliances, and cars, insurance, and home-ownership worth more than \200,000 will be lost.
This is a system that helps people resume their lives as a last remedy when there is no other means to do so.
6 points of Consulting with Our Office
We have a great deal of experience in resolving debt problems.
By successfully incorporating the know-how and first-hand knowledge that has led us to solve a number of issues, we have established a support system that enables those who are worried about the debt problem to receive more support smoothly.
The following contents can be obtained from consulting our office.
① Stop notices and repayments as soon as possible.
You can ask a lawyer to arrange and manage your debt problem.
Once our lawyer is on a case, we will notify each single Money Lender of the our representation(sending acceptance notice), and the collection and repayment of money to you will be stopped.
Our office will be able to provide immediate support from the date of the contract.
② Being Released from Debt Trap that never be able to reducing Principal
When it comes to debt consolidation, negotiation is key factor in cutting down repayment interest.
It is a norm to reach an agreement with a lender.
This allows us to face up to the borrowed principal which we cannot get by without solving the interest first.
You feel comfortable in my mind because my debts are steadily decreasing at least a little each month.
③ Bargaining power to exploit favorable conditions
In Voluntary liquidation, it is negotiated with a moneylender.
Negotiations, such as cutting interest and extending the repayment period, will change the extent to which moneylenders will accept money depending on the circumstances.
We have experienced lawyers negotiating, which increases the likelihood that you will be able to obtain more relaxed terms for future payments.
④ Can be handled without money now
Attorneys' fees can be paid in arrears or in installments.
⑤ Debt reduction can be estimated in advance
By estimating how much debt can be reduced, you can decide whether to proceed.
We can estimate free of charge how much we can reduce.
⑥ Can offer free consultation
Consultations with lawyers generally seem to have a high threshold, but at our office we can get free consultations.
You can advise you in advance of the cost of advising or resolving the problem you are facing.
What is the difference between a judicial scrivener and a judicial scrivener?
A judicial scrivener may also conduct conditional Claim for over-payment negotiations or be a counsel.
However, since it is restricted, there are limits to the range and type of response.
In the case of Voluntary liquidation, only procedures can be carried out when the amount of each claim is 1.4 million yen or less on a case-by-case basis.
In addition, in Rehabilitation for individuals or bankruptcy proceedings, you cannot file a petition in court as your agent, and you can only support the petition as a "document drafting agent."
In this way, the extent to which you can handle debt restructuring is narrower than that of lawyers. Therefore, if you consult, you would feel comfortable leaving it to lawyers who can support all the procedures.
The procedure for implementing debt restructuring stops the reminder!
Interview with a lawyer
Please make a reservation for legal consultation by telephone or e-mail.
We will consolidate the policy of debt restructuring in the course of interviews with lawyers.
Sending of Notice of Acceptance
Once formally requested, an attorney will send a notice of acceptance to each borrower.
This tells me that the lawyer was the representative.
Cessation of demand or collection of debts
When a moneylender receives a notification of acceptance, it becomes legally unable to collect debts or demand payment at that stage.
Determination of policy for resolution of debt problems
Attorneys acting as agents will receive transaction details from each obligor.
Based on this, we calculate the exact amount of debts and adjust the situation according to the person's ability to repay the debts.
We will decide on specific solutions while listening to the wishes of the employee, and then proceed according to each method.
Completion of debt restructuring
Debt liquidation is completed by concluding a settlement with the moneylender, deciding to commence court rehabilitation proceedings, and deciding to exempt the moneylender from liability.
Don't hesitate to consult with you for free!
Your advice is provided free of charge.
Please feel free to give appropriate advice from legal experts.
Methods for Solving Borrowing Problems by Case
Those who cannot pay for this month unless they borrow a new loan
By creating new debt to repay this month, the debt problem will not be resolved until long.
Please consider the method of debt restructuring.
You may choose to cut interest, reduce your debt to about one-fifth, or, in some cases, cancel your debt in full and restart your life.
Persons who are repaying debts of 1 million yen or more
If you have a debt of one million yen or more, you may be able to reduce your debt from one-fifth to one-tenth of the debt amount by Rehabilitation for individuals (however, at least one million yen is left, so it is effective if you have some income).
If the repayment of debts tends to be delayed at all times
If repayment is constantly delayed, people are always forced to respond to reminders and apologize, making their lives calm.
By selecting debt restructuring, you can stop these reminders, so you can think calmly about the lawyer and the problem-solving solution.
A person who does not respond to a reminder call and receives a notice of a lump-sum claim, etc.
It is very dangerous if you are unable to collect the bill at home or make a reminder call or receive a lump-sum bill.
As the bank account may be seized, it is not necessary to consult with an attorney at law as soon as possible.
Please contact our office without worrying about you as you can stop collection on the earliest day by selecting debt restructuring.
If you think that there is nothing worse than Self-bankruptcy
There is a solution to your debt problems other than by declaring Self-bankruptcy.
There are also procedures such as "Voluntary liquidation," which reduces the amount of debts by "Claim for over-payment," which reduces the interest on borrowed debts, and "Rehabilitation for individuals," which reduces the amount of debts to a certain extent.
The most optimal means depend on your position and environment.
Please use this office's free consultation service as a veteran lawyer who will give you advise and these decisions.
To those who live in the vicinity of Ibaraki Mito City and suffer from debt problems
As a system for the debt problem society, measures are available to help those who suffer from debt problems.
We have attorneys with extensive experience in resolving debt problems, so we can appropriately analyze the situation of the consultants and propose effective solutions. Your advice can be provided free of charge.
You can also pay the costs in installments, even if you don't have a budget at hand, so you can take more realistic measures than you can borrow new money.
Please feel free to consult with a legal professional corporation for anyone who has a problem with debt.